West Virginia court voids rule allowing optometrists to perform eyelid surgeries

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A circuit court in West Virginia ruled that the state’s optometry board exceeded its authority by expanding optometrists’ scope of practice to include certain eyelid surgeries, WV News reported Jan. 13. 

The West Virginia State Medical Association and the West Virginia Academy of Eye Physicians & Surgeons sued the West Virginia Board of Optometry in Kanawha County Circuit Court, citing patient safety concerns. The lawsuit sought to block optometrists from performing the procedures and to void Rule 14-14-1, which the board promulgated in 2023. The state legislature approved the rule in 2024.

Following the court’s decision, the optometry board issued a formal statement on Nov. 20, declaring that the rule is no longer in effect.
The court’s ruling aligns with concerns raised by physician groups about the training gap between optometrists and ophthalmologists, according to a blog post from the American Medical Association. While ophthalmologists complete medical school and several years of residency, optometrists typically undergo less surgical training and are not required to complete postgraduate education.

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